Please enable JavaScript.
Coggle requires JavaScript to display documents.
Family Law - Coggle Diagram
Family Law
Marriage
Establishing Marriage
-
Common Law Marriage (only a minority of states recognize): requires consent, co-habitation, holding out as husband&wife, and legal capacity
Limitations on Marriage: age (under 18 requires parental permission), not closely related, capacity (understand the nature of marriage contract; able to consent), fraud, prior marriage still in force
Putative Spouse: one who entered into ceremonial marriage and had a good faith belief in the validity of the marriage, then later discovers their marriage is void or voidable
Unmarried Partners: no legally recognized status (unless they meet the requirements of common law marriage or they're a putative spouse)
Void Marriages: bigamy, incest (closely-related)
Voidable Marriages : underage, impotence, temporary incapacity (at time of marriage), mental incompotence
-
Antenuptial (pre-nuptial) Agreements : contracts (statute of frauds applies). State specific requirements
Divorce
Jurisdiction: a court has jx to enter a divorce decree if one of the parties is domiciled in that jx. Pjx not required because divorce is considered in rem
-
3.Visitation
Parenting plans (visitation) are granted to the noncustodial parent UNLESS visitation is detrimental to the best interests of the child
Statutes vary for third parties (including grandparents); best interest balancing test still applies
Child Support : (modifiable) determined by state guidelines, based on parents' income, age of child, and number of children supported
Maintenance (aka alimony): awarded to ensure an adequate stream for spouses whose economic dependency has result from the marital relationship
-
-
-
-
Amount based on : standard of living established during marriage; duration; age/health of both parties; financial resources of both parties; contribution of each party to the marriage; time needed to obtain education/training to enable either party to find appropriate employment; and ability of payor spouse to meet her needs while paying support
-
-
Parents and Children
-
Nonmarital children: born to an unmarried woman; have the same right to support and government benefits
Termination of parental rights: occurs through the emancipation of the child, voluntary relinquishment of parental rights, and involuntary termination of parental rights:
Adoption questions involve jurisdiction, consent, and consequences of adopting a child